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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant,
1. On April 22, 2013, the Road Traffic Act violated (Refusal of Drinking Measures) at the time of Mancheon on April 22, 2013, while driving a B rocketing car on the front of the Masan on the road in front of the Mancheon Police Station while drinking the alcohol, there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling at the front of the Mancheon Police Station Guard Guard guard and snicking on the face, snicking on the body, and snicking on the body, etc., by inserting about 30 minutes, he/she was requested to comply with the drinking measurement by inserting the drinking measuring instrument for about 30 minutes. However, he/she did not put the breath in the breath, and did not respond to the request of a police official for drinking measurement without any justifiable reason by avoiding the time without responding to the questions of the crackdown police assigned to ask for personal information;
2. On April 9, 2013, around April 22:40, 2013, the vehicle as described in paragraph 1 was driven without obtaining a driver’s license from approximately 4 km section to the date and place specified in paragraph 1 on the front of a cafeteria in the mutual influen City, Cheongcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation into the results of the control of drinking driving, reporting on the situation of driving without a license, and application of Acts and subordinate statutes to the register of driver's licenses (A);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The defendant's reasons for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. are two times in the past.